IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF OCTOBER, 2017 BEFORE THE HON’BLE MR. JUSTICE A S BOPANNA WRIT PETITION Nos.31711/2016 & 31744/2016 (GM-RES) BETWEEN:
1. G.S. PRASANNA KUMAR AGED ABOUT 41 YEARS, S/O. LATE G.S. SHIVANNA, 2. M. VINAYA KEERTHY AGED ABOUT 41 YEARS S/O. LATE B.M. MARIYANNA, BOTH HAVING ADDRESS AT NO.18, I FLOOR, SRIKANTAIAH LAYOUT, CRESCENT ROAD, HIGH GROUNDS, BENGALURU-01.
(BY SRI. NISHANTH A V, ADV.) AND:
1. CORPORATION BANK A GOVT. OF INDIA UNDERTAKING VASANTHANAGAR BRANCH, NO.11, NANDI, VIII MAIN, VASANTHANAGAR, BENGALURU-52 REP. BY ITS CHIEF MANAGER 2. SAVITHA KRISHNA AGED ABOUT 36 YEARS, W/O. LATE E. KRISHNA, NO.18, GROUND FLOOR, SRIKANTAIAH LAYOUT, CRESCENT ROAD, HIGH GROUNDS, BENGALURU-01.
... PETITIONERS (BY SRI SHIVA SHANKARA A., ADV. FOR R1 R2 IS SERVED & UNREPRESENTED) ... RESPONDENTS THESE PETITIONS ARE FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, WITH A PRAYER TO QUASH THE IMPUGNED AUCTION NOTICE DATED 04.05.2016 (ANNEXURE-C) ISSUED BY THE R-1 FIXING THE DATE OF E-AUCTION WITH RESPECT OF PREMISES BEARING SITE NO.18, MUNICIPAL NO.12, 2ND MAIN ROAD, SRIKANTAN LAYOUT, CRESCENT ROAD, HIGH GROUNDS, BENGALURU-560 001, MEASURING EAST-WEST:60 FT & NORTH-SOUTH 26+2.1/2 FT ON 06.06.2016 FROM 3.00 PM TO 4.00 PM IN WEBSITE WWW.BANKEAUCTIONWIZARD.COM.
THESE PETITIONS COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R The petitioners claim to be the tenants in respect of the secured asset which is referred to in the petitions. This Court at the first instance while directing notice to the respondents had restrained respondent No.1-Bank from dispossessing the petitioners from the secured asset.
2. In view of the amendment by way of introduction of Sub-section 4-A to Section 17 of the SARFAESI Act, the claim relating to the tenancy as well as the lease hold rights is to be decided by the Debt Recovery Tribunal (the ‘DRT’ for short) in an appeal. Further as noticed, since this Court at the first instance had granted the interim order, the benefit of the same will have to be extended to the petitioners till the appeal is taken up for consideration by the DRT. This is however subject to the condition that the appeal is filed within a period of four weeks from the date of receipt of a copy of this order. Further, the DRT is directed to consider the appeal on merits without reference to the delay if any, in filing the appeal from the date of cause of action since the petitioners at the first instance were before this Court.
The petitions are accordingly disposed of with the above liberty and benefit of the interim order in the manner as indicated above.
Sd/- JUDGE hrp/bms